Please help to set aside CCJ in the UK

Coupon-mad

Everyone just uses the template defence.  They just add their facts as one paragraph, unless it's complex.

Tell us the basis of your defence.

danojs7

To be honest it was so long ago that I have little recollection of the event!

Based on the location I suspect I was visiting friends. Paid for a ticket. Overstayed and got clocked on the camera leaving. Then received a PCN!

1. Can I deny that the claimant (Euro Car Parks) has standing to sue or form contracts in their own name?

2. Can I argue that the PoC is in breach of CPR 16.4 in anyway? I’ll post the PoC again below. The haven’t stated details of ‘additional contract charges’ or of any interest. 

3. The parking charge was ‘inflated’ and unreasonable but could I mention how the claimant will concede that no financial loss had arisen?

4. Adequate notice with prominent signs? I honestly can’t remember and may have made a simple mistake!

PoC:

THE CLAIMANTS CLAIM IS FOR AN OUTSTANDING PARKING CHARGE ISSUED TO VEHICLE XXXXXXX WHENPARKED AT XX XX XX. THE SITE IS MANAGED BY THE CLAIMANT. THE DEFENDANT IS THE KEEPER OF OR THE DRIVER NAMED IN ACCORDANCE WITH SCHEDULE 4 OF PROTECTION OF FREEDOM ACT 2012 OF THE VEHICLE. VEHICLES PARKING AT THE SITE ARE SUBJECT TO THE PARKING RESTRICTIONS AND TERMSAND CONDITIONS WHICH ARE SET OUT ON SIGNS AT THE SITE AND FORM PART OF A CONTRACT BETWEEN THE DRIVER OF THE VEHICLE AND THE CLAIMANT.ON XX 05 2020, THE VEHICLE WAS PARKED AT THE SITE IN BREACH OF THE CONTRACT, THE CONTRAVENTION BEING THE PD PERMIT PURCHASED DID NOT COVER THE DATE AND TIME OF PARKING. BY ENTERING THIS CONTRACT THE DEFENDANT AGREED THAT THEY WOULD BE LIABLE FOR £100.00 PARKING CHARGES, PLUS ADDITIONAL CONTRACTUAL CHARGES INCURED BY THE CLAIMANT FOR THE COLLECTION OF THE DEBT PURSUANT TO THE TERMS AND CONDITIONS.

Coupon-mad

All of that is already in the Template Defence.  Go read it and see what I mean.

danojs7

Hi @Coupon-mad.

I have read the template defence here:
https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs/p1

But I am still unsure if this ALL applies to my case and the PoC I have been sent.

Obviously I am hoping that the claim is struck off (as more than 4 months has passed as it was never correctly served). But in the alternative and CPR 13.3. applies, then I just want to make sure that my defence is prepared.

Please could you advise on whether I can include this whole template in my defence??

Coupon-mad

Yes it all applies but you only need the basis of defence in your head at the CCJ set aside hearing. Enough to convince the Judge to allow you to defend.

danojs7

Could you please explain what you mean by ‘the basis of my defence’. Is this what is written in my Witness Statement?

a. The Claimant failed to meet the Notice to Keeper obligations of Schedule 4 of the - Protection of Freedoms Act 2012

b. Lack of adequate notice of the parking charge on clear signage, as acknowledged by the Supreme Court in ParkingEye Limited v Beavis [2015] UKSC 67

 c. Putting Claimant to strict proof on evidence of landowner authority or a legal contract, as required by the BPA Code of Practice

Coupon-mad

Yes those are the 3 main points usually used.  Signage and landowner authority is always challengeable.

Have the Claimants tried to address those points already?  Show us the landowner document and the signs they wish to rely upon.

danojs7

The Claimants haven’t mentioned anything about those points yet. I have not seen any landowner document. Just the PoC I have been sent. 

Still waiting for a hearing date. 

Coupon-mad

Good.

So at the hearing those brief ideas can be confidently stated, if the Judge wants to be assured there are grounds to defend it.

Point out though, that you are really in the dark and haven't been served with any claim, therefore CPR 13.2 applies (mandatory set aside).

danojs7

Hi everyone. 

It’s been several months since my last post but I have now received a date for my hearing which is in September 2024. And I would be grateful for the invaluable help of the MSE community again. 

I did also receive a letter from QDR solicitors a few months ago. They stated they had reviewed their files and that they had ‘followed correct protocols’ and that my address details were not directly updated with the DVLA. 

They have also said that further address checks were made with the DVLA in March 2023. However, this can’t be true as I sold my vehicle in 2020! Unfortunately I have not included any evidence of this in my original application. 

They’ve stated the claim was issued and served in September 2023. CCJ was then obtained in October 2023 with the judgment being installed in February 2024. I don’t understand this date of ‘instalment’ as I had already discovered the CCJ in December 2023 and filed my N244 application in January 2024. 

I have not responded to the solicitors at all and have now received the date for my hearing which is just over a month away. 

I have not been asked to file a defence or submit anything else…

Please can anyone offer some advice on how to prepare for the hearing stage. 

I have read several of the threads on the NEWBIES page, but do I just recite a summary of what is already written on my witness statement? What sort of questions should I prepare for? (E.g what if I’m asked why I ignored the PCN to begin with or if I received the Letter Before Claim?)

No doubt I will be extremely nervous but from what I’ve gathered:

• Turn up early
• Dress like I’m going to a job interview
• Don’t interrupt the judge. 

Just want to make sure that the court procedure rules are really clear in my head…

• The claimant did not show due diligence in using an address at which I no longer reside and did not take reasonable step to ascertain the address of my current residence - therefore did not adhere to CPR 6.9(3). 
• So CPR 13.2 applies and the court must set aside the judgment under part 12
• What I don’t understand is where it refers the CPR 12.3 (conditions to be satisfied). I never filed an acknowledgement of service or a defence. So aren’t the conditions stated in 12.3 all satisfied??